ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 295 Variation by a State or Territory of joint plans and plans

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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 295

Variation by a State or Territory of joint plans and plans adopted by the Minister

(1): If a State or self-governing Territory varies a plan that:

(a): the Minister has made jointly with the State or self-governing Territory, or an agency of the State or Territory; or
(b): has been adopted by the Minister as a wildlife conservation plan;

the variation is of no effect for the purposes of this Act unless it is approved by the Minister.

(2): Before approving a variation, the Minister must obtain and consider advice from the Scientific Committee on the content of the variation.
(3): The Minister must not approve a variation under subsection (1) unless satisfied:

(a): an appropriate level of consultation was undertaken in varying the plan; and
(b): the plan, as so varied, continues to meet the requirements of section 287.

(4): If the Minister approves a variation of a plan, the plan has effect as so varied on and after the date of the approval, or such later date as the Minister determines in writing.
(5): Section 293 applies to the variation of a plan in the same way that it applies to the making of a wildlife conservation plan.

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